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SOUTH AUSTRALIA] No. 59
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL _______
TUESDAY 27 OCTOBER 2009
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1. |
Council met pursuant to adjournment. The President (The Hon. R. K. Sneath) took the Chair. The President read prayers.
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Meeting
of |
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2. |
A Messenger from the Governor having been announced by Black Rod, the following Message was received and read: Message No. 18. The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.: No. 45 of 2009 - An Act to amend the Electricity Act 1996 and the Gas Act 1997. No. 46 of 2009 - An Act to amend the National Gas (South Australia) Act 2008. No. 47 of 2009 - An Act to refer certain matters relating to security interest in personal property to the Parliament of the Commonwealth for the purposes of section 51(xxxvi) of the Constitution of the Commonwealth. No. 48 of 2009 - An Act to amend the Electoral Act 1985 and to make related amendments to the Constitution Act 1934. Government House, Adelaide, 27 October 2009. HIEU VAN LE, Governor’s Deputy.
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Message
from |
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3. |
The following Papers were laid upon the Table, viz.: By the Minister for Mineral Resources Development (The Hon. P. Holloway) - Reports, 2008-2009 - Anzac Day Commemoration Council. Department of Water, Land and Biodiversity Conservation. Fisheries Council of South Australia. Legal Practitioners Education and Admission Council. Office of the Commissioner for Equal Opportunity. River Murray Act 2003. South Australian Classification Council. Surveyors Board of South Australia. Regulations under the following Acts - Courts Administration Act 1993 - Participating Courts. Electrical Products Act 2000 - Labelling Standards. Water Amendment (Murray-Darling Basin Agreement) Regulations 2009 - No. 1. |
Papers. |
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By the Minister for Urban Development and Planning (The Hon. P. Holloway) - Proposal to establish a Bulk Handling Facility for Iron Ore at Brennans Jetty, Port Lincoln, pursuant to Section 49(15) of the Development Act 1993 - Report. By the Minister for State/Local Government Relations (The Hon. G. E. Gago) - Reports, 2008-2009 - Activities associated with the Administration of the Retirement Villages Act 1987. Administration of the State Records Act 1997. Animal Welfare Advisory Committee. Balaklava Riverton Health Advisory Council Inc. Bio Innovation SA. Club One (SA) Ltd. Financial Report. Country Health SA Board Health Advisory Council Inc. Dog and Cat Management Board. Essential Services Commission of South Australia - South Australian Rail Regulation. Essential Services Commission of South Australia - Tarcoola-Darwin Rail Regulation. Eudunda Kapunda Health Advisory Council. Gawler District Health Advisory Council Inc. Kangaroo Island Health Advisory Council Inc. Kingston/Robe Health Advisory Council Inc. Land Board. Leigh Creek Health Services Health Advisory Council. Lower North Health Advisory Council Inc. Maralinga Lands Unnamed Conservation Park Board. Millicent and Districts Health Advisory Council Inc. Mount Gambier and Districts Health Advisory Council Inc. Naracoorte Area Health Advisory Council Inc. Optometry Board of South Australia. Penola and Districts Health Advisory Council Inc. Physiotherapy Board of South Australia. Playford Centre. Port Augusta, Roxby Downs, Woomera Health Advisory Council. Port Broughton District Hospital and Health Services Health Advisory Council Inc. Port Lincoln Health Advisory Council. Privacy Committee of South Australia. SA Ambulance Service Volunteer Health Advisory Council. South Australian Heritage Council. South Coast Health Advisory Council Inc. Southern Flinders Health Advisory Council. Upper South East Dryland Salinity and Flood Management Act 2002. Vulkathunha-Gammon Ranges National Park Co-management Board. Yorke Peninsula Health Advisory Council. Club One (SA) Ltd. - Report on Distribution of Funds among Community, Sporting and Recreational Groups. Death of John Frederick Wanganeen - Report on Actions taken following the Coronial Inquiry, June 2009. Independent Gambling Authority - Inquiry into Barring Arrangements, 2009. Regulations under the following Act - Gene Technology Act 2001 - General.
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4. |
The Hon. C. Zollo brought up the Report of the Statutory Authorities Review Committee on its Inquiry into the Land Management Corporation. Ordered - That the Report be printed. (Paper No. 267)
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Statutory
Authorities
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5. |
The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Support Package for Bridgestone Workers.
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Ministerial
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6. |
The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning Balancing Mining and Conservation in the North Flinders Ranges.
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Ministerial
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7. |
The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning a Surgeon at the Flinders Medical Centre.
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Ministerial
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8. |
The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D.G.E. Hood to ask a question of him and for him to complete his reply. Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.
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Suspension
of |
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9. |
Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.
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Postponement |
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10. |
Ordered - That Orders of the Day (Government Business) No. 4 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.
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Postponement |
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11. |
On the Order of the Day being read for the adjourned debate on the question - That the Fair Work (Commonwealth Powers) Bill be now read a second time: Debate resumed. On motion of the Hon. S. G. Wade , the debate was adjourned until next day of sitting.
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Fair
Work |
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12. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (National Industrial Relations System) Bill be now read a second time: Debate resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.
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Statutes
Amendment |
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13. |
Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.
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Postponement
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14. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment and Repeal (Trade Measurement) Bill.
In the Committee
Clauses No. 1 to No. 6 agreed to. Schedule agreed to. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report. The Minister for State/Local Government Relations, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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Statutes
Amendment |
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15. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Bill.
In the Committee
Clause No. 1 read. The Hon. S. G. Wade moved on page 3, lines 3 and 4, to leave out “Recidivist Young Offenders and Youth Parole Board” and insert “Miscellaneous Criminal Procedural Matters”. Question - That the amendment be agreed to - put and negatived. Clause No. 1 agreed to. Clauses No. 2 to No. 23 agreed to. Clause No. 24 read. |
Statutes
Amendment
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The Hon. S. G. Wade moved on page 18, lines 16 to 23, to leave out the clause and insert new clause No. 24 as follows: “24—Social Development Committee to inquire into and report on operation of Act The Social Development Committee of the Parliament must, within 3 years after the commencement of Parts 3 and 4 of the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, in consultation with the Attorney‑General, inquire into, consider and report on the operation of the Act (including any effect the operation of the Act has had on the criminal justice system in South Australia).”. Question - That Clause No. 24, as proposed to be struck out, stand as printed - put. |
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Committee divided: Ayes, 7 The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. K. Hunter The Hon. R. P. Wortley The Hon. C. Zollo The Hon. P. Holloway (Teller)
So it passed in the negative. |
Noes, 14 The Hon. A. M. Bressington The Hon. R. L. Brokenshire The Hon. J. A. Darley The Hon. J.S.L. Dawkins The Hon. D.G.E. Hood The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. M. C. Parnell The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. D. N. Winderlich The Hon. S. G. Wade (Teller) |
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Clause No. 24 struck out. New Clause No. 24 inserted. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report. The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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16. |
Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.
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Postponement |
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17. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Hydroponics Industry Control Bill.
In the Committee
Clause No. 1 read. |
Hydroponics
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The Minister for Mineral Resources Development, by leave, tabled a document concerning various fees under the Security and Investigation Agents Act 1995. Clause No. 1 agreed to. Clause No. 2 agreed to. Clause No. 3 read. The Hon. D. N. Winderlich moved on page 3, line 3, to delete the definition of “criminal intelligence”. Question - That the amendment be agreed to - put and negatived. Clause No. 3 agreed to. Clauses No. 4 to No. 10 agreed to. Clause No. 11 read. |
Document Tabled. |
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The Hon. R. L. Brokenshire moved on page 7, after line 5, to insert the following: “(ia) if the person has expiated a simple cannabis offence (within the meaning of section 45A of the Controlled Substances Act 1984) within the 5 years immediately preceding the application; or (ib) if the person has been referred to a drug assessment service in relation to a simple possession offence (within the meaning of the Controlled Substances Act 1984) within the 5 years immediately preceding the application; or” and after line 10 to insert the following: “(ia) if any director of the applicant has expiated a simple cannabis offence (within the meaning of section 45A of the Controlled Substances Act 1984) within the 5 years immediately preceding the application; or (ib) if any director of the applicant has been referred to a drug assessment service in relation to a simple possession offence (within the meaning of the Controlled Substances Act 1984) within the 5 years immediately preceding the application; or”. Question - That the amendments be agreed to - put and negatived. Clause No. 11 agreed to. Clauses No. 12 to No. 15 agreed to. Clause No. 16 read. The Hon. D. N. Winderlich moved on page 9, line 20, to leave out “, (b)”. Question - That the amendment be agreed to - put and negatived. Clause No. 16 agreed to. Clauses No. 17 to No. 35 agreed to. Clause No. 36 read. The Hon. D. N. Winderlich moved on page 16, lines 1 to 14, to leave out the clause. Question - That Clause No. 36 stand as printed - put and passed. Clause No. 36 agreed to. Clauses No. 37 and No. 38 agreed to. Schedule agreed to. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report. The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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18. |
Ordered - That Orders of the Day (Government Business) No. 8 to No. 14 be Orders of the Day for next day of sitting.
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Postponement |
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19. |
The Minister for State/Local Government Relations, according to order, moved - That the Correctional Services (Miscellaneous) Amendment Bill be now read a second time. On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.
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Correctional
Services |
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20. |
Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.
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Next Day of Sitting. |
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21. |
Council adjourned at fourteen minutes past six o’clock until tomorrow at eleven o’clock a.m.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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The Hon. A. M. Bressington The Hon. R. L. Brokenshire The Hon. J. A. Darley The Hon. J.S.L. Dawkins The Hon. B. V. Finnigan The Hon. G. E. Gago The Hon. J. M. Gazzola
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The Hon. P. Holloway The Hon. D.G.E. Hood The Hon. I. K. Hunter The Hon. R. D. Lawson The Hon. J.M.A. Lensink The Hon. R. I. Lucas The Hon. M. C. Parnell
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The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. D. N. Winderlich The Hon. R. P. Wortley The Hon. C. Zollo
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